CABAR-2017-098_NOV_20201201

3ov.5TAjf q
ROY COOPER = £
Covernor
MICHAEL S.REGAN `> ^ .
Secretary
BRIAN WRENN NORTH CAROLINA -
Director Environmental Quality
December 1, 2020
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
AND
GENERAL PERMIT -NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL 7017 2620 0000 6788 9434
RETURN RECEIPT REQUESTED
Cabarrus County
Attention: Mike Downs, County Manager
Post Office Box 707
Concord,North Carolina 28026
CERTIFIED MAIL 7017 2620 0000 6788 9441
RETURN RECEIPT REQUESTED
Cabarrus County Schools
Attention: Tim Lowder,Executive Director of Operations
4401 Old Airport Road
Concord,North Carolina 28026
CERTIFIED MAIL 7017 2620 0000 6788 9458
RETURN RECEIPT REQUESTED
Cabarrus County Schools
Attention: Tim Lowder,Executive Director of Operations
Post Office Box 388
Concord,North Carolina 28026
RE: Project Name:New Cabarrus County High School _
Project ID: CABAR-2017-098 R E C E�`11i;;T n
County: Cabarrus DEC 08 2020
STOP' WA YL R rE'?t;urrlt�G
North Carolina Department ofEnvlronmental Quality I Division of Energy,Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115

Notice of Violations
Cabarrus County School
December 1,2020
Page 2 of 5
Compliance Deadlines: 15 days from receipt by certified mail for SPCA violations
15 days from receipt by certified mail for Construction
Stormwater Permit NCG 010000 violations
Dear Sirs:
On November 17,2020,personnel of this office inspected a project located on Weddington Road,
Concord in Cabartus County, North Carolina. This inspection was performed to determine
compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and
General Permit-NCG 010000 to Discharge Stormwater Under The National Pollutant Discharge
Elimination System for Construction Activities (Construction Stormwater Permit NCG 010000).
The inspection revealed a land-disturbing activity of approximately 74.1 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity.
The purpose of this lettef is to inform you that this activity was found to be in violation of the
SPCA, G.S. 113A-50 to 66, Title 15A,North Carolina Administrative Code (NCAC), Chapter 4
and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the
following violations,please notify this office immediately.
The violations of the SPCA that were found are:
1. Failure to conduct a land-disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
Failure to maintain measures per the approved plan and prevent impact to stream
features on tract.
2. Failure to take measures to protect all public and private property from sedimentation and
erosion damage caused by the land-disturbing activities. 15A NCAC 4B .0105.
Failure to prevent impact to stream features on tract.
3. Failure to retain a buffer zone of sufficient width along a lake, trout water or natural
watercourse in which to confine visible siltation by natural or artificial means within the
25 percent of that portion of the buffer zone nearest the land-disturbing activity. G.S.
113A-57(1).
Failure to prevent impact to stream features on tract.
4. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder,during or after the development of a site. 15 NCAC 4B .0113.

Notice of Violations
Cabanas County School
December 1,2020
Page 3 of 5
Failure to maintain measures per the approved plan and prevent impact to stream
features on tract.
The violations of the Construction Stormwater Permit NCG 010000 that were found are:
1. Failure to develop or adhere to the erosion and sedimentation control plan. The approved
erosion and sedimentation control plan is considered a condition of Construction
Stormwater Permit NCG 010000,Part I
Failure to maintain measures per the approved plan and prevent impact to stream
features on tract.
2. Failure to install and maintain BMPs and control measures,NCG 010000 Part H, Section
G.2-3 The permittee shall install and maintain all temporary and permanent E&SC
measures as required by this permit and the approved E&SC plan. If self-inspections
required by this permit identify a need for maintenance of control measures,modifications
or additions to control measures, or corrective actions to control sediment or other
pollutants, these actions shall be performed as soon as possible considering adverse
weather and site conditions.
Failure to maintain measures per the approved plan and prevent impact to stream
features on tract.
To correct these violations,you must:
1. Remove accumulated sediment from culvert pipe near Sediment basin#1 and adjacent stream
crossing.
2. Repair sediment damage at each of the stream crossing and armor the upstream and
downstream crossing slopes with rip rap.
3. Clean up and repair sediment impacts to spring head stream near football field. Stabilize the
area with groundcover.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Division of Energy, Mineral and
Land Resources for appropriate enforcement action, including civil penalty assessments for an
initial one-day violation and/or a continuing violation. The penalty for an initial one-day violation
of the SPCA may be assessed in an amount not to exceed $5,000.00. The Division of Energy,
Mineral and Land Resources is not required to provide a time period for compliance before
assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a
civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether _

Notice of Violations
Caban us County School
December 1,2020
Page 4 of 5
the violations are corrected within the time period set out below.
In addition,if the violations of the SPCA cited herein are not corrected within 15 calendar days of
receipt of this Notice,this office may request that the Division take appropriate legal action against
you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be
assessed from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for
each day of a continuing violation of the SPCA in an amount not to exceed$5,000.00 per day.
Construction Stormwater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein maybe referred
to the Division of Energy, Mineral and Land Resources for appropriate enforcement action,
including civil penalty assessments for a continuing violation. This Notice serves as a letter of
proposed civil penalty assessment. You have 15 calendar days from receipt of this Notice by
certified mail to cease the violations listed above, and to submit in writing reasons why the civil
penalty should not be assessed.
Accordingly,you are directed to respond to this letter in writing within 5 calendar days of receipt
of this Notice by certified mail. Your response should be sent to this regional office at the
letterhead address and include the following:
1. The date by which the corrective actions listed above have been or will be completed.
2. Rainfall data and self-inspection or self-monitoring records from October 1, 2020 to
November 20,2020.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
5. Reasons why a civil penalty should not be assessed.
Pursuant to G.S.* 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of$25,000.00 per day for each violation. Your above-
mentioned response to this correspondence,the degree and extent of harm to the environment and
the length of time and gravity of the violation(s)will be considered in any civil penalty assessment
process that may occur.
Please be advised that any new land-disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the SPCA and
Construction Stormwater Permit NCG 010000. When corrective actions are complete,you should
notify this office so that work can be inspected. You should not assume that the project is in
compliance with the SPCA and Construction Stormwater Permit NCG 010000 until we have

Notice of Violations
Cabarrus County School
December 1, 2020
Page 5 of 5
notified you. After installation,all erosion control measures must be maintained in proper working
order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking fiuther enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the SPCA
and Construction Stormwater Permit NCG O10000. The relevant statute and administrative rules
can be found at the Division's website at http://dea.ne.gov/E&SC. The permit can be found at the
Division's website at bV://degnc.gov/neg01. Should you have questions concerning this notice
or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact
either Mr.Kenny S. Llywelyn or me at your earliest convenience.
Sincerely,
or Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
KSL/CG/cys
Enclosures: Sedimentation Inspection Report
ec: State Sediment Specialist
Supervisor, Regional Water Quality Operations Section

'd Report
North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
County: Cabs= Project: New Cabarets County High School River basin: Yadkin-PeeDee
Person financially responsible:Cabamrs County Schools-G Tim Lowder, Project#: CABAR-2017-098
Executive Director of Operations
Address: 4401 Old Airport Road,Concord,NC 28025
1. Project Location: Weddington Road,Concord
Pictures: Yes-Digital
2. Weather and soil conditions: Sunny,Workable Soils Initial inspection: No
3. Is site currently under notice of violation? Yes
4. Is the site in compliance with S.P.C.A.and rules? No If no,check violations below:
5. Violations:
✓ b.Failure to follow approved plan,GS. 113A-57(5),G.S. 113A-57(5)
✓ f.Failure to take measures to protect property, 15A N.C.A.C.4B.0105,15A NCAC 4B.0105
✓ g.Inadequate buffer zone,GS.113A-57(1),GS. 113A-57(1)
✓ j.Failure to install and maintain measures, 15A N.C.A.C.413.0113, 15 NCAC 4B.0113
✓ n.Failure to develop or adhere to approved plan,NCG 010000,Part I
✓ r.Failure to install and maintain BNIP's,NCG 010000 Part 11,G2-3
6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? No
Describe:Failure to maintain measures and impacts to streams.
7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
✓ Lake/Namral watercourse on the tract
Description: Sediment from the site is impacting the stream in multiple areas onsite.
Degree of damage: Slight
8. Contact made with(name): No one on site Title:
Inspection report: Sent Report Date given/sent: December 1,2020 with NOV letter
9. Corrective action needed:
1. Remove accumulated sediment from culvert pipe near Sediment basin#1 and adjacent stream
crossing.
2. Repair sediment damage at each of the stream crossing and armor the upstream and downstream
crossing slopes with rip rap.
3. Clean up and repair sediment impacts to spring head stream near football field.Stabilize the area
with groundcover.
10. Comments: Site construction is mostly complete.The remaining work is on some of the athletic fields on
tract. There is a large amount of accumulation in a culvert pipe near sediment basin#1 and
stream crossing.Sediment was observed in the stream that came from the steep side slopes at
each of the stream crossings.There is also a spring head stream that has been impacted from the development that has not been fully repaired and stabilized.These areas need to be
addressed before the site can be closed out.

Sedirnentation/Construction Storinwater •" •
North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
Reported by: Kenny Llywelyn Others present:
Date of inspection: November 17,2020 Time arriving on site: 2:25 PM Time leaving site: 2:50 PM
cc: